Summary: We cannot investigate this complaint about an overgrown garden, in a Council rented property, which affects the complainant’s fence. This is because we have no power to investigate a council when it is acting as a landlord.

The complaint

1. The complainant, Mr X, complains that vegetation from neighbouring Council land has spread into his garden and damaged his property and fence. Mr X wants the Council to clear the vegetation and put right the damage.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

5. Mr X asked the Council to remove overgrown vegetation, from its land, which was affecting his fence and property.
6. The vegetation originated from the garden of a Council tenant. The Council’s housing service asked the tenant to clear the vegetation. I have seen a photograph which shows the vegetation has been removed. The Council will write to Mr X with an update. The Council had invited Mr X to make a claim on its insurance regarding the damage; it says it has no record of receiving a claim.
7. I cannot start an investigation because the management of the garden is the responsibility of the Council’s housing service and we have no power to investigate a council when it is acting as a landlord and carrying out housing management functions. That said, while we cannot help, it appears the problem has been resolved and Mr X can make a claim for any outstanding damage.

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Final decision

8. We cannot investigate this complaint because we have no power to investigate a council when it is acting as a landlord.

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Investigator's decision on behalf of the Ombudsman